Decision details

The Panel granted consent to Development Application No. D/2019/1091 subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions shown in bold italics and deletions shown in strikethrough):

(5) PLAN OF MANAGEMENT

(a)   The submitted Appendix D (dated September 2019) to the Plan of Management approved under D/2006/2252/C (and as amended) is to be updated to include details of management measures to ensure patrons of the rooftop area will not cause offensive noise affecting neighbouring residential properties.

(b)   The submitted Appendix D is to reflect that the rooftop area has no smoking permitted.

The updated Appendix D is to be submitted to and approved by Council’s Director City Planning, Development and Transport prior to the issue of any Construction Certificate.

(c)   The use of the whole of the premises must always be operated / managed in accordance with the Plan of Management approved under D/2006/2252/C (and as amended) and updated Appendix D required by (a) and (b) above (dated September 2019) approved as part of this application. In the event of any inconsistency, the conditions of this consent will prevail over the Plan of Management.

Reasons for Decision

The application was approved the following reasons:

(A)        The development, subject to conditions, is consistent with the objectives of the B2 Local Centre zone.

(B)        The development is consistent with the character and principles identified in the locality statement for Oxford Street Darlinghurst.

(C)       The development is respectful to the character and design of the existing heritage listed building. It supports the historic use of the site as a hotel and is satisfactory from a heritage perspective.

(D)       The development satisfies Clause 6.21 of Sydney Local Environmental Plan 2012 in that it demonstrates acceptable standard of architectural design, materials and detailing appropriate to the existing heritage item and the location.

(E)        The development is within the Late Night Management area and the hours of operation, subject to conditions of consent, are consistent with the objectives and in accordance with the recommended hours for this area for a Category A premises as identified in the Sydney Development Control Plan 2012.

(F)        Conditions of consent are recommended to ensure that the ongoing operation of the development will not create unreasonable disturbance or nuisance to surrounding properties, particularly sensitive residential uses.

(G)       Condition 5 has been amended to update Appendix D to the Plan of Management to forbid smoking on the rooftop and to include details of management measures to ensure patrons of the rooftop area will not cause offensive noise affecting neighbouring residential properties.

Carried unanimously

D/2019/1091

Speakers

Mr Paul Molloy (resident), Mr Shaun Temby (resident), Mr Andrew Martin (on behalf of the applicant), Mr Dragan Pasat (on behalf of the applicant) and Mr Adam Celestino (applicant).